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HomeMy WebLinkAbout2012-06-05; City Council; Minutes (2)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 5, 2012 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers, 1200 Carisbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: Mayor Hall called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Hail, Kulchin, Blackburn, Douglas and Packard. Absent: None. LEGISLATIVE INVOCATION: Pastor Robert Buzbee from North Coast Calvary Chapel gave the legislative invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the pledge of allegiance. PRESENTATIONS: Mayor Pro Tem Kulchin presented a proclamation in recognition of Carlsbad Historic Preservation Month to members of the Historic Preservation Commission. Deputy Library Director Suzanne Smithson presented awards to the winning students of the Third Grade Art Contest. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced that Council met in closed session at 4:45 p.m. on June 5, 2012 to discuss two items. The first item was regarding real property located at Westfield's Plaza Camino Real. The City Council heard and considered the information and directed the City Attorney and staff in what it believes to be in the best interests of the citizens of Carlsbad. No final action was taken and it will be reported out at a future meeting when final action is taken. The second item is concerning the California Energy Commission's approval of a permit for NRG to build a second power plant The City Council unanimously authorized the City Attorney to file a Petition for Review by the California Supreme Court. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through # 3 as follows: AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. June 5, 2012 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20.918 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2012-122. accepting a cash donation from the Friends of Carrillo Ranch, Inc. to supplement existing seating in the Kindle Theater; and, authorizing the Finance Director to appropriate the received funds to the Leo Carrillo Ranch Trust Fund. 2. AB #20.919 - SUMMARY VACATION OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES. Council adopted RESOLUTION NO. 2012-123. summarily vacating a portion of an easement for slope and construction purposes adjacent to the south side of Palomar Airport Road west of El Camino Real within the Palomar Commons Project, STV 12-05. 3. AB #20.920 - NOTICE OF RESTRICTION FOR THE CARLSBAD MUNICIPAL GOLF COURSE MAPPING PROJECT. Council adopted RESOLUTION NO. 2012-124. authorizing the Mayor to execute, and the City Clerk to record, a Nofice of Restriction for the Carlsbad Municipal Golf Course Mapping project. ORDINANCE FOR INTRODUCTION: 4. AB #20.921 - REFUND OF CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID) ASSESSMENTS. City Attorney Ron Ball provided a brief explanation and titled the ordinance. ACTION: On a mofion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-185. amending the Carlsbad Municipal Code, Chapter 3.37, by the addition of Secfion 3.37.055, relafing to the refund of CTBID assessments. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ORDINANCE FOR ADOPTION: 5. AB #20.922 - AMEND THE 2012 FIRE CODE. City Attorney Ron Ball explained that although Council adopted Ordinance No. CS-184 at a special Council meefing held May 29, 2012, Califomia General Law states that ordinances cannot be adopted at special meefings. Mr. Ball added that Carlsbad as a charter city is not necessarily governed by that regulation, but the City has no provision in its charter overriding that law. He recommended that Council readopt Ordinance No. CS- 184. June 5, 2012 Carlsbad City Council Meeting Page 3 Mr. Ball also explained that the California Energy Commission found Ordinance No. CS- 184 consistent with its decision that it would be the primary responder and the Carlsbad Fire Department would act as the secondary responder on a case-by-case basis if the need arose. In addifion, he referenced a letter received by the City on June 5, 2012 from NRG (on file in the Office of the City Clerk) asking for any environmental impacts this ordinance would present. Mr. Ball said the California Energy Commission's findings indicated that Ordinance No. CS-184 produces no special adverse environmental impacts. Kerry Siekmann came fon/vard thanking Council and staff for their efforts on behalf of the city with the California Energy Commission. City Attorney Ball tified the ordinance. ACTION: On a mofion by Mayor Pro Tem Kulchin, Council readopted ORDINANCE NO. CS-184. amending the Carlsbad Municipal Code, Title 17, Chapter 17.04 Fire Prevenfion Code to modify the 2010 addifion of the California Fire Code due to local climatic, geological or topographical condifions or infrastructure limitafions. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. PUBLIC COMMENT: Scott Chasin came fonA^ard to address Council. Mr. Chasin referenced a letter he delivered to Council earlier in the day regarding an incident involving a Carlsbad Police Officer. Bob Wilkinson came forward to address Council. Mr. Wilkinson requested Council consider taking ownership of the blufftop land along Carlsbad Boulevard from south of Ocean Street to the neighborhood of Terramar, explaining that community-wide input via the General Plan update supports a more active waterfront in the City. He added that the Northwest Quadrant is deficient in parkland and acquiring the property could be included in the land swap the city is currently working on with the state. Steve Landis encouraged Council to establish a "cutting edge" relationship with the schools in Carlsbad to include funding to assist with promoting the school system as a world-class system and to help maintain the schools' standards. In response to an inquiry from Mayor Hall, Mr. Landis replied that he was speaking only to schools within the Carlsbad Unified School District. PUBLIC HEARING: 6. AB #20.923 - AMENDMENT TO THE 2011-2012 COMMUNITY DEVELOMENT BLOCK GRANT PROGRAM ACTION PLAN. Senior Management Analyst Frank Boensch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). June 5, 2012 Carlsbad City Council Meeting Page 4 Council Member Blackburn inquired about potenfial restrictions regarding the Chestnut Street crossing project and if the funds could be reallocated if the project doesn't proceed. Mr. Boensch replied the funds could be reallocated and there was no set time limit on reallocafion. In response to an inquiry from Council Member Douglas, Mr. Boensch stated that CDBG funds are not restricted to only being used for housing. He added that properties in Carlsbad are too expensive to be used for affordable housing projects. HUD has no regulations stating the city has to use the funds on affordable housing. Council Member Packard asked if HUD supported the allocafion of funding for the low income housing project in Vista. Mr. Boensch replied that a proposal letter had been sent to HUD, who is generally supportive of these types of projects. Carlsbad has allocated CDBG funding to a project outside of the city in the past. In response to an inquiry from Council Member Douglas, a representative from Community Housing Works explained that the agency would combine and aggregate funds from a number of different sources to allow them to build the new project. Primary funding will come from low income housing tax credits. Addifional funding sources are a land donation from the City of Vista, former redevelopment set aside funds, private sources, and the Federal Home Loan Savings Bank that brings in private dollars from its proceeds in support of affordable housing is a potential source because of the units designated for tenants with special needs. Mayor Hall opened the duly noticed Public Hearing at 6:55 p.m. Seeing no one wishing to speak. Mayor Hall closed the Public Hearing at 6:55 p.m. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-125. authorizing the submittal of an amendment to the City's 2011-12 Community Development Block Grant (CDBG) Program Action Plan to the U.S. Department of Housing and Urban Development; and, authorizing the City Manager to execute funding agreements. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD Mayor Hall adjoumed to the Special Meeting of the City of Carlsbad Municipal Water District Board at 6:56 p.m. RECONVENE: Mayor Hall reconvened the City Council meeting at 6:57 p.m. with five Council Members present. Junes, 2012 Carlsbad City Council Meeting Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #20.924 - FISCAL YEAR 2012-13 PRELIMINARY OPERATING BUDGET PRESENTATION. Finance Director Chuck McBride and Finance Manager Judi Vincent gave the staff report and PowerPoint presentafion (on file in the Office of the City Clerk). The following staff members also participated in the presentafion: Deputy City Manager Cynthia Haas Economic Development Manager Kathy Dodson Community and Economic Development Director Gary Barbaric Transportafion Director Skip Hammann Fire Chief Kevin Crawford Police Chief Gary Morrison Assistant City Manager John Coates The following people spoke in support of the acquisition of open space: Pat Bleha, North County Advocates Ann Spacie,Batiquitos Lagoon Foundafion Dennis Nygaard , who also presented a video (on file in the Office of the City Clerk) Regg Anfie,Buena Vista Lagoon Foundafion Jay Klopfenstein Gary Nessim MaryAnn Viney Diane Nygaard, Preserve Calavera Thom Spanos, San Diego Coastkeeper Kasey Cinciarelli Karen Merrill Andy Mauro,Buena Vista Audubon Society Don Christiansen, the Sustainability Coalifion Joyce Gammon, Friends of Buena Vista Mel Vernon, San Luis Rey Mission Band of Indians Susan Cratty (Ms. Cratty also read a supporting statement from Shelly Hayes Carron) Ms. Cratty also presented two handouts to Council (on file in the Office of the City Clerk). The following people requested that the City continue working with the Carlsbad Unified School District to assist the District with its financial issues: Claudine Jones Ray Pearson Council Member Blackburn requested a future presentation from staff regarding open space properties identified by the Open Space Committee. In response to an inquiry from Mayor Pro Tem Kulchin, Mr. McBride stated that approximately $5 million Prop C (open space) funding remains. Council received the presentafion and concurred to set the Public Hearing on the 2012-13 operafing budget for June 26, 2012. Junes, 2012 Carlsbad City Council Meeting Page 6 8. AB #20.925 - UPDATE ON CITY'S BEST VALUE SERVICES PROGRAM. Deputy City Manager Cynthia Haas and Senior Management Analyst Greg Hermann provided the staff report and PowerPoint presentafion (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, Ms. Haas said all materials regarding the operafional assessments would be available for public input. Discussion ensued among Council Members regarding the process for evaluafing and implemenfing the operational assessments. At the suggesfion of City Manager Lisa Hildabrand, Council concurred that the consultant continue with gathering information for the operafional assessment of the Transportation Department while Council reviewed the operafional assessment for the Parks and Recreation Department; and, not to move fon^^ard with the implementation portion of the program unfil such time as the first assessment has been completed. COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Saturday, June 9, 2012 - 8:00 am to 4:00 pm Carlsbad Beach Fest Project of the Carlsbad Beach Fest Foundation Frazee State Beach to Tamarack State Beach, Carlsbad ADJOURNMENT: Mayor Hall adjourned the Regular Meeting of June 5, 2012 adjourned at 9:56 p.m. in the memory of community activist Thelma Hayes. [NDTZJtMC Assistant City Clerk